The Procedural Fairness Algorithm

The medical officer would need to withdraw the opinion of inadmissibility and request for additional information when the applicant’s submissions are insufficient for reaching a medical opinion

This would typically be the step to take when the applicant has provided information that leaves the medical officer in doubt about the initial medical assessment

However, the applicant might also have provided insufficient information for making a final decision

Therefore, the medical officer would need to withdraw the current opinion of inadmissibility

Thereafter, the medical officer would need to request additional information from the applicant in order to reach a new medical assessment

The medical officer would need to send the medical opinion of excessive demand on health (i.e. outpatient medication) and / or social services to the immigration or visa officers

The immigration or visa officer would need to send the applicant:

A procedural fairness letter (excessive demand)

The relevant sections of the Immigration and Refugee Protection Regulations (IRPR) and,

The declaration of ability and intention

Thereafter, the applicant would need to respond within 60 days wherein:

The applicant could challenge the medical opinion

The applicant could challenge the excessive demand

The applicant could provide a mitigation plan or,

The immigration or visa officer and / or medical officers would need to review all the material submitted by the applicant

If the applicant is not successful:

The medical officer would need to maintain the original assessment

The applicant is deemed inadmissible in accordance with the provisions specified in A38 (1) (c)

The medical officer would send a refusal letter or issue a new medical opinion of inadmissibility

In the case of a new medical inadmissibility, the medical officer would need to send a new procedural fairness letter

If the applicant is successful:

The medical officer would determine that the applicant might no longer be inadmissible

The application would proceed towards finalisation

In case the medical officer determines that the applicant might not longer represent an excessive demand, the application would proceed towards finalisation

It is worth highlighting that in some cases, the applicant might not respond within 60 days. In this scenario, the medical officer would deem the applicant as being inadmissible in accordance with the provisions specified in A38 (1) (c). Thereafter, the medical officer would need to send a refusal letter to the applicant.